(HB 1072)
Grand jury transcript may be ordered by a magistrate judge.
Section
1.
That
§
23A-5-16
be amended to read as follows:
23A-5-16.
Disclosure of matters occurring before a grand jury, other than its deliberations and
the vote of any juror, may be made to prosecuting attorneys for use in the performance of their
duties. Otherwise a juror, attorney, witness, interpreter, stenographer, operator of a recording
device, or any typist who transcribes recorded testimony may disclose matters occurring before the
grand jury only
when
if
directed by the
circuit
court preliminary to
,
or in connection with
,
a judicial
proceeding or
when
if
permitted by the
circuit
court at the request of a defendant upon a showing
that grounds may exist for a motion to dismiss an indictment because of matters occurring before
a grand jury. A grand juror cannot be questioned for anything
he
that the grand juror
may say or
any vote
he
that the grand juror
may give in the grand jury proceedings relative to a matter legally
pending before it, except for perjury of which
he
the grand juror
may have been guilty in making
an accusation or giving testimony to his
or her
fellow jurors. No obligation of secrecy may be
imposed upon any person except in accordance with this section. A court may direct that an
indictment shall be kept secret until the defendant is in custody or has given bail
, and in
. In
that
event the clerk shall seal the indictment
,
and no person
shall
may
disclose the finding of the
indictment
except when
unless
necessary for the issuance and execution of a warrant or summons.